In many circles/SSAs of BSNL, the casual and contract workers are in agitation against retrenchment and disengagement of workers. Now after much pursual and agitation, corporate office has issued strict instructions to pay the statutory minimum wage to the workers. Being compelled to pay the minimum wages and implement social security measures, in many places, the contractors and local management together are victimising the workers by retrenchment and refusing to engage them. The strike, hunger strike, agitations etc. are going on in Assam, Haryana and some other circles/SSAs. Those who are continuously working for 10 to 20 years are being retrenched. Union leaders of the Casual & Contract workers are the first casuality ‘to teach them a lesson’.
Their struggles can not continue without the support of the regular workers. It is the duty of the regular workers and their unions to support and give all solidarity to the struggling casual and contract workers.
I am sending herewith a demand charter of BSNL contract workers of Bathinda. Kindly take it up with the authorities.
N.K.Jeet Advocate, Ex- Distt Secretary AITEEU Class-III Bathinda
BSNL CONTRACT LABOURERS UNION, BATHINDA
(H.No. 12241, Street No.2, Shaheed Bhagat Singh Nagar, Naruana Road Bathinda)
Ref No. …………………… Dated: 28.3.2011
To
The General Manager Telecom,
B.S.N.L.
Bathinda
Subject: DEMAND CHARTER REGARDING PROBLEMS OF CONTRACT WORKERS IN
BATHINDA SSA
Sir,
Kindly allow this union to bring the following long pending problems of contract workers, working in Bathinda SSA, in your kind notice for early settlement:
1. NON-IMPLEMENTATION OF CENTRAL GOVT LABOUR RATES TO THE LABOURERS EMPLOYED THROUGH CONTRACT AGENCIES: The Ministry of Labor & Employment issued Notification bearing No. S.O. 1285(E) dated 20.5.2009, published in Gazette Extraordinary on dated 20.5.2009, revising minimum rates of wages (Basic as well as Variable DA) payable to laborers employed in Scheduled employment. BSNL Corporate Office vide its letter No. BSNL/Admn.I/ 20-2/2010 dated 6.5.2010, conveyed to all Heads of Telecom Circles/Districts/Mtce Regions etc that the competent authority has decided that payment of minimum rates of wages to contract workers by contractors/ agencies be done as per the said Notification and ordered strict compliance with immediate effect. You being the principal employer are legally bound to get these orders implemented. But unfortunately in Bathinda SSA, these orders have not been implemented up till now, in clear violation of the provisions of the Payment of Wages Act. It may kindly be done at the earliest and arrears of wages be paid. It will be pertinent to mention here that most of the contract workers are doing work of semi-skilled nature such as removing faults on telephones etc., and are thus entitled to wage rate of semi-skilled workers. Punjab Govt has fixed the monthly minimum wage for unskilled laborer as Rs. 3692/- and Rs. 4037/- for semi-skilled category. As per para No.5 of the said Notification, the higher minimum rate of wages is to be paid.
2. NON-IMPLEMENTATION OF AGREEMENT DATED 1.10.09 REGARDING FACILITIES TO CONTRACT WORKERS: In the agreement dated 1.10.09, arrived at between the contractors and representatives of contract workers, in the presence of management and the ALC (C) Chandigarh, it was agreed that:
a. All contract workers shall be issued Identity Cards by the contractors.
b. All contract workers shall be paid minimum wages in accordance with the law.
c. Contract workers shall be given weekly rest through adjustment.
d. The case for regularization of contract workers shall be forwarded by the management to higher BSNL authorities.
e. All problems regarding EPF of Contract workers shall be settled by the management.
This agreement has not yet been got implemented by the management being the Principal Employer, despite being repeatedly reminded.
3. ENSURING FULL COMPLIANCE OF THE PROVISIONS OF EPF ACT: The provisions of the EPF Act are not being fully complied with by the management &the contractors:
a. Presently EPF contribution is not being deposited by the contractors in respect of all contract workers, in accordance with the law.
b. Even when the contributions are deposited, the full basic minimum wage of the worker is not being taken into consideration. It is presently being calculated by taking salary of Rs.2500/- only.
c. The management as principal employer is not ensuring deposit of the employers’ contribution in full.
4. ISSUING OF ESI CARDS: Although contribution for ESI is being shown to have been deducted from the pay of contract workers by the contractors, but ESI cards have not been issued. These may kindly be got issued so that the laborers may avail the ESI benefits.
5. NON-IMPLEMENTATION OF LEGAL PROVISION REGARDING PAYMENT TO CONTRACT WORKERS IN THE PRESENCE OF BSNL REPRESENTATIVES: The provision of the Contract Labor (R&A) Act in this regard is not being implemented.
It has been decided by this union that in case the above said problems are not settled within 15 days of the receipt of this demand notice the union shall be left with no other alternative, except to act upon the following course of protest action:-
a. WEARING OF BLACK BADGES on 4.4.2011.
b. DEMONSTRATION in front of the office of GMT BSNL Bathinda from 5.4.2011 to 9.4.2011 daily in the evening.
c. CHAIN HUNGER STRIKE from 12.4.2011 to 16.4.2011.
d. A general body meeting of the union shall be held on 17.4.2011 to decide the further course of action including STRIKE.
We therefore urge upon you to kindly settle the problems listed in the Demand Notice at the earliest and hold negotiations on the method of solving these to help us in maintaining harmonious industrial relations.
Yours Faithfully
( BABU RAM)
General Secretary (Mob 94633-97437)
(SANJAY SINGH)
President (Mob No. 94630-22257)
BSNL Contract Laborers Union
BATHINDA
Copies to:
1. Assistant Labour Commissioner (Central), Kendriya Sadan, Sector 9-A, Chandigarh, with a request to kindly intervene in this industrial dispute to get the problems of contract wokers settled.
2. All Labour Contractors & Telecom Contractors in Bathinda SSA for information and necessary action.
3. Chief G.M.Telecom BSNL, Punjab Telecom Circle, Sector 34, Chandigarh for information and necessary action.
4. C.M.D. BSNL Corporate Office , Bharat Sanchar Bhawan, Janpath, New Delhi-110001
5. Secretary General BSNL Casual & Contract Workers Federation, KG Bose Smritee Bhawan, 20-A, Adwalts Mullick Lane, Kolkatta-700006 for information. He is requested to kindly take up the matter with BSNL authorities.
6. The Hon’ble Chairman, Parliamentary Standing Committee on Labor, 118 Parliament House Annexe, New Delhi-110001,with respect to his U.O No. 17/2/CLB/2010 dated 25.11.2010 addressed to CMD BSNL
7. Sh. P.R.Natrajan MP (Lok Sabha), Member Standing Committee on Labour, 313, VP House, New Delhi-110001, w.r.to his letter dated 13.11.2010 addressed to the Chairman Parliamentary Standing Committee on Labour regarding ‘NON IMPLEMENTATION OF LABOUR LAWS BY BSNL’ .
8. All District Secretaries of Unions in Bathinda SSA & Branch Secretaries at Bathinda for information and extending solidarity.
Dear Comrade Jeet,
The CHQ is fully aware of the issue and is trying our best to settle the issues.
Yours Comradely,
VAN Namboodiri